Heritage in War

Lead Research Organisation: The Open University
Department Name: Philosophy

Abstract

The world has been shocked by recent instances of the deliberate destruction of important cultural sites, such as ISIS's destruction of the Temple of Bel in Palmyra and the shrine of Imam Awn al-Din in Mosul. In response, the UK is due to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (it is the only member of the UN Security Council, and the only major military power, not yet to have done so). The British Army is in the process of convening the Military Cultural Property Protection Working Group with the aim of developing guidelines for implementing the Convention. It should be noted that the Convention is framed in terms of 'cultural property'; we shall take this to refer to all culturally important objects, not only those that are owned.

The Convention challenges the assumption, standard within the study of ethics and also just war theory, that a greater value should always be attached to the avoidance of human suffering than to the avoidance of damage to cultural property. This challenge should be welcomed, since the standard assumption does not always sit easily with our actual attitudes and actions. The urgent need to evict ISIS from Palmyra, for example, was not simply a matter of securing military advantage. Furthermore, we are familiar, in other contexts, of weighing human life and suffering against other considerations - for example, in calculating how much to spend on passenger safety on public transport. A key question for the project will be how to weigh the harm of putting combatants in danger against the benefits of protecting cultural property.
Although the last ten years have seen an upsurge of philosophical interest in the ethics of war, the existing literature approaches questions of harm almost exclusively in the context of harm to life. Because the Convention puts states under an obligation to protect cultural property in war zones, there is an urgent need to apply or adapt this thinking so as to formulate principles that apply to such property. This project therefore aims to answer three central questions:
1. Under what circumstances may we intentionally or foreseeably damage sites of cultural property in war?
2. What, if anything, ought we to do to protect cultural property in conflict zones and at what cost?
3. What is the appropriate response to damaged sites of cultural property?
It will involve experts on the ethics of war and on aesthetic and cultural value. These will be drawn from within academia (for example, from philosophy, archaeology, and heritage studies) and outside academia (for example, the British Museum's 'Iraq Scheme' and The West Point Military Academy).
The project's findings have the potential to affect the actual conduct of war. It will help determine the circumstances in which an offensive designed to secure a military objective is rendered disproportionate by the collateral damage it will do to cultural property; or in which resources should be put towards protecting cultural property; or in which cultural property ought to be sacrificed to purely military objectives. As a corollary, it will help support public understanding about justification (or lack of justification) for engaging in war, and for conduct within war.

Planned Impact

This project has a wide range of potential beneficiaries
1. Politicians. We aim to influence policy following the ratification of the Convention by working with Baroness Andrews, who led the UK Parliamentary debate in favour of ratifying the Convention, is on the CRG and will invite the All Party Parliamentary Group on CPP to the UK stakeholder seminar and conference to discuss how UK policy will change following ratification. Through the Norwegian Ethics Council for the Defence Sector (project partner) we will access politicians in Norway with responsibility for CPP and will have a policy seminar in Yr 1.
2. International lawyers. The project responds to and aims to influence legal changes entailed by the Convention. 3 key figures involved bring considerable experience and knowledge and facilitate engagement with the legal profession - Jann Kleffner Professor of International Law at the Swedish Defence University, Adil Ahmad Haque Professor of Law at Rutgers who writes on the law and ethics of armed conflict. Expertise on UK law by project partner Nick Howe, who has considerable experience of practicing public and private international law and appearances at a UN Tribunal in The Hague.
3. Military policy-makers: The Convention requires the military to prepare for implementation; our engagement with the Military will enable direct contribution to policy. Currently charged with this for the British Army is Lieutenant-Colonel Tim Purbrick who will keep us informed of developments; through our links with the Lieutenant-Colonel we will invite them to conferences and seminars. The US military have established a CPP Unit and the US foremost Military Academy, West Point, is a project partner. Laurie W. Rush, an archaeologist employed by the US military to run the CPP unit, who is also on the US Committee of the Blue Shield (see below), has agreed to participate giving a presentation at the US conference. West Point will host a stakeholder seminar in early 2019, providing an opportunity to influence members of the US Military. Through our Norwegian project partner we will talk directly to senior members of the Norwegian military on CPP.
4. Military personnel: A crucial challenge is to bridge the gap between theory and those 'on the ground'. The practical responsibility for protection of cultural property lies with the International Committee of the Blue Shield (BS), the only organisation created and mandated under international law to preserve cultural heritage during conflict. We will work with the UK BS (Chair, Peter Stone, is on the CRG) as well as other relevant bodies (such as the military) to produce a MOOC (a Massive Open Online Course) based on training material the BS has produced for UNESCO. Within data protection constraints we will evaluate the nature of the student body and their success rates. We will raise awareness of CPP within the military by lectures and seminars to military trainees and providing information to instructors on CPP.
5. Institutions working with heritage and culture: The project will organise 2 joint events with the 'Iraq project' of the British Museum; leading practical involvement with CPP in the Middle East. The first (Yr 2) will engage c30 people from different perspectives working in CPP (archaeologists, heritage professionals, experts in the trafficking of artefacts) to inform them of current work in CPP (by the project and by the BM) and to explore bids to the Government fund for CPP. The second (Yr 3) will be a public-facing event of c100 people. We will invite key 'opinion formers' (broadcast and other media, those who teach ethics and cognate disciplines) to raise awareness of current work in CPP to make it part of the debate about the nature and justification (or not) of war.
6. NGOs: Emma Cunliffe, of Heritage for Peace, a key NGO working on CPP in Syria, is on the CRG. Through her we will identify ways in which NGOs can benefit from the progress and outcomes of the project.

Publications

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BÜLOW W (2020) On the Ethics of Reconstructing Destroyed Cultural Heritage Monuments in Journal of the American Philosophical Association

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Bülow W (2020) Risking Civilian Lives to Avoid Harm to Cultural Heritage? in Journal of Ethics and Social Philosophy

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Frowe, H. (2019) Conflict and Cultural Heritage: A Moral Analysis of the Challenges of Heritage Protection in J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy

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Thomas J (2021) Authenticity and Contact Value in The Journal of Value Inquiry

 
Description The research findings of HWP include the following:
• That the Convention and Protocols will inevitably result in the need for proportionality calculations which balance protection of cultural property against risk to life.
• That there is currently no adequate account of how to make such proportionality calculations.
• That there is no justification for current attempts to extend the 'responsibility to protect' legislation to the protection of cultural property.
• That there is little current awareness of the difficulties involved in CPP among both policy-makers and the military.
• That current policies concerning the treatment of damaged and/or destroyed heritage are incoherent.
Exploitation Route Academic: The research has uncovered a number of gaps where further academic research needs to be done. This could be in (a) philosophy, (b) archaeology, or (c) other cognate disciplines.
Non-academic: There is a need for the outcomes of the research to factor into training for the armed forces and for policy-makers.
Sectors Aerospace, Defence and Marine,Government, Democracy and Justice,Culture, Heritage, Museums and Collections

URL https://www.heritageinwar.com/
 
Description We have had some feedback from those working in the field (in particular, two philosophers working on ethics with the Israeli Defence Force) that the project has influenced the way that they think. Cadets at West Point Military Academy have reported changes in belief. The project has had an effect on the way Military Ethics is taught at the West Point Military Academy. New reading (by the PI and Co-I) have been introduced. We were invited experts for a discussion with the Norwegian Council for the Ethics of the Defence Sector, who advised the Norwegian Government on the implications of Norway having signed up to Protocol II of the 1954 Hague Convention.
First Year Of Impact 2020
Sector Aerospace, Defence and Marine,Culture, Heritage, Museums and Collections
Impact Types Cultural

 
Description Norwegian Council for the Ethics of the Defence Sector
Geographic Reach Europe 
Policy Influence Type Participation in a guidance/advisory committee
 
Description Society of Applied Philosophy
Amount £3,000 (GBP)
Organisation The Society for Applied Philosophy 
Sector Learned Society
Country United Kingdom
Start 06/2018 
End 06/2018
 
Description The Open University Faculty of Arts and Social Sciences Strategic Investment Fund
Amount £5,925 (GBP)
Organisation Open University 
Sector Academic/University
Country United Kingdom
Start 03/2018 
End 07/2019
 
Description Seminar with the Getty Institute, Los Angeles 
Organisation Getty Center
Country United States 
Sector Charity/Non Profit 
PI Contribution The PI and the Co-I were invited to attend a workshop at the Getty and present research from the project.
Collaborator Contribution The Getty paid for the travel and the accommodation for all the participants. It also provided the venue and all subsistence.
Impact The workshop coincided with the publication of the Getty 'Occasional Paper', co-authored by the PI and the Co-I. It is not clear that the collaboration is over; however, agreement could not be found on a way forward.
Start Year 2019
 
Description Training session and workshop at West Point Military Academy 
Organisation United States Military Academy
Country United States 
Sector Hospitals 
PI Contribution The PI and the Co-I arranged a training session for West Point cadets. The trainers were the PI, the Co-I, and Laurie Rush of the US Army 10th Mountain Division and the US Army archaeologist who organises Cultural Property Protection (CPP). The following day there was a workshop on CPP with members of the US Army, and academics responsible for Military Ethics at West Point.
Collaborator Contribution West Point provided the venue and administrative support. They organised for the cadets to attend, and also for those who attended the workshop to attend the workshop.
Impact The workshop influenced the cadets' beliefs (they filled in evaluation forms). The workshop also had an impact on the West Point curriculum, which has incorporated elements of CPP.
Start Year 2019
 
Description 1. Conference on the Ethics of War, Institute of Applied Ethics of the Pontificia Universidad Católica de Chile, Santiago, Chile 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Talk on project outcomes to a major international conference.
Year(s) Of Engagement Activity 2022
 
Description A piece of free online learning 
Form Of Engagement Activity A broadcast e.g. TV/radio/film/podcast (other than news/press)
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact This is a free online course on the outcomes of the project. It is designed to be studied over three weeks, for four hours each week.
Year(s) Of Engagement Activity 2020
URL https://www.open.edu/openlearn/history-the-arts/the-ethics-cultural-heritage/content-section-overvie...
 
Description Central Research Group (Meeting One) 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact This was a four-hour workshop, followed by a working dinner, which bought together members of the military (Liet. Col. Tim Pubrick, who leads on Cultural Property Protection (CPP) for the British Army); politicians (Baroness Andrews who is a parliamentary expert on CPP); legal academics (Victor Tadros, Warwick and Emma Cunliffe, Newcastle); military ethicists (Andreas Carlsson, Oslo, and Jonathan Parry, Birmingham); heritage professionals (Jeremy Musson); philosophers (Gerald Lang, Leeds); and members of the project team (Matravers and Frowe). Short position papers were given by Purbrick, Cunliffe, and Frowe and further discussion followed.
Year(s) Of Engagement Activity 2018
URL https://www.heritageinwar.com/
 
Description Centre for Research Ethics and Bioethics, Uppsala University 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact Talk on the project outcomes to an interdisciplinary centre.
Year(s) Of Engagement Activity 2022
 
Description Cultural Heritage and the Ethics of War 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact This was a two day conference with three keynote speakers, six other speakers, and about 30 delegates.
Year(s) Of Engagement Activity 2019
URL https://www.heritageinwar.com/cambridgeconference
 
Description Event held in conjunction with the British Museum Iraq Scheme 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact This was a seminar with the Iraq Scheme of the British Museum. The Iraq Scheme trains Iraqi archaeologists on post-war reconstruction and restoration. This discussion was led by members of the project. Those who took part were: Derek Matravers, Helen Frowe, Josh Thomas (from the project); Jonathan Tubb, John McGuinness, and Sebastien Ray (the British Museum); Elizabeth Pye (UCL); and David Shankland (Royal Anthropological Institute). It was followed by a working lunch.
Year(s) Of Engagement Activity 2018
URL https://www.heritageinwar.com/
 
Description Fifth meeting of the Core Research Group 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact There was a philosophy seminar in the morning, followed by talks from Cecile Fabre (Oxford), Laura Jones (V&A), and Jacques Schumacher (V&A).
Year(s) Of Engagement Activity 2019
 
Description Fourth Meeting of the Core Research Group 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact The philosophical members of the Core Research Group met for a seminar in the morning, and we had presentations from Veronique Munoz-Darde, Simon Kirchin and Penny Bernard, and Emma Cunliffe.
Year(s) Of Engagement Activity 2019
 
Description LSE Public Debate 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Frowe participated in a public debate on the status of cultural heritage in war, as part of the LSE's Forum for European Philosophy. There was an audience of around 70 people, and the You Tube video has already been viewed 409 times. After questions posed by the Chair directly to panel members, there were further questions from the audience. One of the other panel members, Professor Eleanor Robson - a longtime government advisor on cultural heritage in conflict zones - has agreed to attend our next Core Research Group meeting. We also had interest in collaboration from an audience member who is currently being considered for the British Army's Heritage Protection team, which is being assembled by our CRG member Lt. Tim Purbrick.
Year(s) Of Engagement Activity 2018
URL https://www.youtube.com/watch?v=mPIrkyUlDn4
 
Description Panel on Heritage Protection, Perry World House, University of Pennsylvania 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Contribution on project outcomes to a major international discussion venue.
Year(s) Of Engagement Activity 2022
 
Description Panel presentation at The American Society of Aesthetics (Rocky Mountain Division) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact This was a panel presentation, including presentation of research from the project by the PI, to an academic audience. Other speakers were James Mock (University of Oklahoma) and Elizabeth Scarbrough (University of Miami).
Year(s) Of Engagement Activity 2019
 
Description Panel presentation at the American Philosophical Association (Vancouver) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact This was a panel presentation, including a paper from the PI on research from the project. Other participants were Dale Dorsey (Kansas); Anna Bergqvist (Manchester Metropolitan); Bashar Haydar (American University of Beirut).
Year(s) Of Engagement Activity 2019
 
Description Second meeting of the Core Research Group 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The Core Research Group consists of philosophers, an archaeologist, legal scholar, heritage professional, a member of the military, and members invited on an ad hoc basis. On this occasion, there was a meeting of the philosophers in the morning do discuss philosophical aspects of the project. In the afternoon papers were given by Derek Matravers, Peter Stone (Newcastle), and Jo Wolff (Oxford). We had a working lunch and dinner.
Year(s) Of Engagement Activity 2018
URL https://www.heritageinwar.com/
 
Description Stockholm Breakfast Seminar 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact This was a 'breakfast seminar'; held between 8.00am and 9.30am at the Institute for Futures Studies in Stockholm. It was led by Derek Matravers (PI) and Frederick Rosen (Nordic Center for Cultural Heritage and Armed Conflict). The audience were a mixture of interested parties.
Year(s) Of Engagement Activity 2018
URL https://www.heritageinwar.com/
 
Description Third meeting of the Core Research Group 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact As with the second meeting, the philosophers met in the morning for an intensive discussion of a draft project output. In the afternoon we heard papers from Massimo Renzo (Law, Warwick), Gerald Lang (Philosophy, Leeds), and John Bold (Heritage, University of Westminster). We also had David Garrard (Oxford Brookes) as a guest participant. This was followed by a working dinner.
Year(s) Of Engagement Activity 2018
URL https://www.heritageinwar.com/
 
Description Training session with the British Army Cultural Property Protection Unit 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact The PI and the Co-I held a training session for the new British Army Cultural Property Protection Unit. The participants included the newly-recruited British Army CPP Officers, and CPP Officers from around the world.
Year(s) Of Engagement Activity 2019
 
Description UNESCO World Heritage at 50 Conference, Perry World House, University of Pennsylvania 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Presentation on Project Outcomes at a major international conference.
Year(s) Of Engagement Activity 2022
URL https://wolfhumanities.upenn.edu/events/unesco-50-what-future-past
 
Description Workshop at NATO HQ, Brussels 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact Following invited attendance at the 2019 NATO Cultural Property Protection workshop, the project organised its own expert panel workshop. As well as project members, participants included Laurie Rush (CPP lead for the American Military); Corine Wagner (Smithsonian); Michael Rainsborough (KCL); Frederick Rosen (Nordic Center for Cultural Heritage and Armed Conflict); and Rory Cox (St. Andrews).
Year(s) Of Engagement Activity 2019
 
Description Workshop in Beirut 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact A workshop was held in the American University of Beirut. Workshop participants included:
Maamoun Abdulkarim (Archaeology, University of Damascus).
Amr Al-Azm (History and Anthropology, Shawnee State University).
Bashshar Haydar (Philosophy, American University of Beirut).
Gerald Lang (Philosophy, Leeds University)
Cristina Menegazzi (UNESCO)
Massimo Renzo (Law, Kings College, London)
Frederik Rosén (Nordic Center for Cultural Heritage and Armed Conflict)
Year(s) Of Engagement Activity 2018
 
Description Workshop in Oslo on Protocol II of the 1954 Convention 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact Helen Frowe and Derek Matravers were invited as experts to a meeting of the Norwegian Council for the Ethics of the Defence Sector, a group that directly advice the Norwegian Ministry of Defence. The meeting involved, amongst others, the Leader of the Council, Camilla Serck-Hanssen, the Judge Advocate General, and Representatives of Norway's Ministry of Defence.
Year(s) Of Engagement Activity 2019
 
Description Workshop in Stockholm 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact This was a workshop in Stockholm. Papers were given by Helen Frowe (Co-I), Frederik Rosen (Nordic Center for Cultural Heritage and Armed Conflict), Joakim Kreutz (Political Science, Stockholm University), Martin Hamilton (Centre for International Law and Operational Law, Swedish Defence University), and Derek Matravers (PI). There were professionals from various groups in the audience. it was followed by a working dinner.
Year(s) Of Engagement Activity 2018
URL https://www.heritageinwar.com/
 
Description Workshop in Tel Aviv 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact This was a workshop in Tel Aviv. Included where the two authors of the Code of Ethics of the Israeli Defence Force. The participants included:
Eliav Lieblich (Law, Tel Aviv University)
Leora Bilsky (Law, Tel Aviv University)
Daniel Statman (Philosophy, Haifa University)
Moshe Halbertal (Philosophy, Hebrew University, Jerusalem and Law, NYU)
Idit Shafran-Gittleman (Israel Democracy Institute).
Year(s) Of Engagement Activity 2018